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Terms of Service

Last updated: September 7, 2022.

The https://www.tremor.co and https://re.tremor.co websites, and any other website on which these Terms of Service appear, and any software, mobile applications, products, devices, or other services offered or made available by Tremor Technologies, Inc., its subsidiaries, and/or affiliates (together, the “Offerings”). Tremor Technologies, Inc., its subsidiaries, and affiliates are collectively, “we”, “us”, “our”, or “Tremor”. You may access and use the Offerings only under the following terms and conditions (“Terms”).

These Terms apply to you and your use of the Offerings. By registering, accessing, or using the Offerings you agree to these Terms, Tremor’s Privacy Policy, Tremor’s Copyright Notice (posted below), and any other policies identified herein, which are incorporated by reference into these Terms. If you are using the Offerings on behalf of your employer or a legal entity, you represent and warrant that you are authorized to bind your employer or that entity to these Terms. In addition, these Terms apply to and are binding on anyone who is authorized by the employer or legal entity to access or use the Offerings. Except for Paid Offerings, if you wish to terminate these Terms at any time you can do so by closing your account and no longer accessing or using the Offerings.

If your use of a given Offering (as defined below) is governed by a separate Tremor Platform Agreement, or similar agreement entered into with Tremor, that agreement will control over any conflict with these Terms with respect to that given Offering.

Using the Offerings

Eligibility

To use the Offerings, you agree that you: (1) must be at least 16 years old; and (2) are not already restricted by Tremor from using the Offerings. Creating an account with false information is a violation of these Terms, including registering accounts on behalf of others.

Registration and Your Account

Certain Offerings require registration. For those Offerings, you must provide complete, accurate, and truthful information and update the registration information promptly if there are any changes. Registered users are responsible for: (1) maintaining the confidentiality of their login credentials, and (2) for all activities that occur under their account. You may not assign or transfer your account to any other person or entity without Tremor’s prior written permission. You agree that Tremor is not responsible for third-party access to your account that results from the theft or misappropriation of your login credentials.

Authority to Bind

If you use an Offering in a way that represents your employer or another legal entity, as part of a transaction or in another context, you warrant that you are authorized, directed, or empowered by your employer or that entity to use the Offering on its behalf.

If there is a fee to use an Offering (a “Paid Offering”), the fee will be disclosed prior to registration and charged as outlined in an applicable order form. Paid Offerings are subject to a separate agreement with Tremor.

Notices and Messaging

You understand that by registering with the Offerings, you may receive regular updates, marketing, and other communications regarding new or existing Tremor products and services. You agree that Tremor will provide notices and messages to you in the following ways: (1) within the Offerings, or (2) sent to the contact information you provide us (e.g., email, mobile number, physical address). You may opt out of receiving promotional or marketing communications from us at any time by using the unsubscribe link in the email communications we send.

Licenses and Restrictions

Limited License

As an Offering user, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Offerings per these Terms. Tremor may terminate this license at any time for any reason. Certain Offerings require login information as described below. Notwithstanding the license in this section, certain Offerings require you to register to access and use certain of the Offerings’ features.

Limitations

Any unauthorized use of the Offerings is prohibited. You may not use the Offerings to:

  1. Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of the Offerings or any information obtained from the Offerings, either directly or through a third party.
  2. Extract, decompile, reverse engineer, disassemble, or create derivative works from or competitive products of the Offerings.
  3. Create a false identity, misrepresent your identity, create a profile for anyone other than yourself, or use or attempt to use another’s account;
  4. Disclose information that you do not have the consent to disclose (such as confidential information of others, including your employer);
  5. Determine the Offerings’ architecture or extract data or information about usage, or individual identities of other users of the Offerings via use of any network monitoring or discovery software or otherwise.
  6. Override any security feature or bypass or circumvent any access controls or use limits of the Offerings;
  7. Rent, lease, loan, trade, sell/resell, or otherwise monetize the Offerings or related data or access to the same, without Tremor’s consent;
  8. Monitor, copy, scan, review, index, mirror, ping, or validate the Offerings via robot, spider, other automatic software or device, process, approach, or methodology, manual or otherwise (methods such as web scraping, harvesting, data extraction, data validation, or verification are prohibited).
  9. Transmit any computer virus, worm, defect, trojan horse, or any other item of a destructive nature, or to upload any virus or malicious code.
  10. Transmit any false, misleading, fraudulent, or illegal communications, information, or data.
  11. Phish, spoof, commit illegal or fraudulent activity, or violate applicable laws or regulations.
  12. Use bots or other automated methods to access the Offerings, add or download contacts, or send or redirect messages;
  13. Monitor the Offerings’ availability, performance, or functionality for any competitive purpose;
  14. Damage, interfere, disable, or impair the operation of, or place an unreasonable load on, the Offerings (e.g., spam, denial of service attack, viruses, gaming algorithms);
  15. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights;
  16. Violate Tremor’s intellectual property or other rights, including using the word “Tremor” or its logos in any business name, email, or URL;

You acknowledge that we have the right to monitor your access or use of the Offerings for the purpose of operating and improving the Offerings (including without limitation for security analysis, fraud prevention, risk assessment, troubleshooting and customer support purposes), to ensure your compliance with these Terms and to comply with applicable law or the order or requirement of a court, consent decree, administrative agency, or other governmental body.

If Tremor believes, in its sole discretion, that you may violate, have violated or attempted to violate any of these Terms or any policies referenced herein, your use and access to the Offerings may be limited, temporarily revoked, or permanently revoked and your Content may be modified or removed from the Offerings in Tremor’s sole discretion without notice to you.

Tremor Intellectual Property Rights

Except as expressly provided in these Terms, nothing contained herein will be construed as conferring any license or right, by implication, estoppel, or otherwise, under copyright or other intellectual property rights. You agree that the Offerings are protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Tremor, the Tremor logo, and all other Tremor trademarks, service marks, product names, and trade names of Tremor appearing on or in conjunction with the Offerings are owned by Tremor. Tremor does not grant you the right to use or display any trademark, service mark, product name, trade name, or logo appearing on the Offerings without Tremor’s prior written consent.

Usage Data

Tremor may collect, use, share, and otherwise process usage information or data related to or derived from the access or use of the Offerings (“Usage Data”). Examples of Usage Data include information or data on user visits, user activity, and numbers and types of clicks or impressions, as well as statistical, functional, behavioral, or other information or data based on or derived from such access or use. Except where you have expressly provided your written consent, Tremor will only disclose Usage Data if such data does not contain Personal Data or any Non-Public Data.

Feedback and Suggestions

By submitting suggestions or other feedback regarding the Offerings to Tremor, you agree that Tremor can use and publicly share such feedback (although it does not have to) for any purpose without compensation or attribution to you. You agree that you will have no recourse against Tremor for any alleged or actual infringement or misappropriation of any proprietary right in any feedback or suggestion you provide to Tremor.

Errors and Corrections

Tremor does not represent or warrant that the Offerings will be error-free, free of viruses or other harmful components, that defects will be corrected, or that they will always be accessible. Tremor does not warrant or represent that content or information available on or through the Offerings will be correct, accurate, timely, or otherwise reliable. Except as separately agreed with you in writing, Tremor may: (1) change, suspend or discontinue any of our Offerings.

Disclaimer

THE OFFERINGS ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. TREMOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Tremor DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO: (1) ANY ERRORS IN OR OMISSIONS FROM THE OFFERINGS INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (2) THIRD-PARTY COMMUNICATIONS, (3) ANY THIRD-PARTY SERVICES, WEBSITES, OR THIRD-PARTY CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS ON THE OFFERINGS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS IN OR OMISSIONS THEREFROM, (4) THE UNAVAILABILITY OF THE OFFERINGS, (5) YOUR USE OF THE OFFERINGS, OR (6) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE OFFERINGS.

Limitation of Liability

TO THE FULLEST EXTENT OF THE LAW (AND UNLESS TREMOR HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THESE TERMS), TREMOR WILL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM YOUR USE OF THE OFFERINGS, ANY FACTS, CONTENT, OR OPINIONS APPEARING ON OR THROUGH AN INTERACTIVE AREA, OR ANY THIRD-PARTY CONTENT OR THIRD-PARTY SERVICE. TREMOR WILL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOSS OF DATA, OR REPUTATIONAL DAMAGES (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS) OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS' FEES) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THESE TERMS, THE USE OF OR INABILITY TO USE THE OFFERINGS, THE INTERACTIVE AREAS, OR ANY THIRD-PARTY CONTENT OR THIRD PARTY SERVICES.

Governing Law

These Terms and any disputes arising hereunder or in connection herewith shall be governed by and construed in accordance with the laws of the state of New York without giving effect to any choice or conflict of law provision or rules. EACH PARTY ACKNOWLEDGES AND AGREES THAT ANY DISPUTE HEREUNDER OR IN CONNECTION HEREWITH IS LIKELY TO RAISE AND INVOLVE COMPLICATED AND DIFFICULT ISSUES AND THEREFORE EACH PARTY KNOWINGLY, VOLUNTARILY AND IRREVOCABLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN CONNECTION THEREWITH.

Privacy

Your use of the Offerings is subject to these Terms and Tremor’s Privacy Policy.

Modifications to Terms

Tremor may, in its sole discretion, modify or revise these Terms, including without limitation Tremor’s Privacy Policy and any referenced policies, at any time by posting the amended terms on the Offerings or otherwise linking to them in the Offerings. Tremor additionally may either: (1) notify you via the contact information associated with your account if you have registered with the Offerings (you must ensure that Tremor’s email is not filtered from your Inbox by your ISP or email software), or (2) post the date of the update on the Terms, Privacy Policy, or other applicable policies. You agree that your use of the Offerings after the date on which the Terms changed will constitute your acceptance of the updated Terms, and that you agree to be bound by such modifications or revisions.